Global InformationHunter Engineering Co v Syncrude Canada Ltd information
| Hunter Engineering Co v Syncrude Canada Ltd | |
|---|---|
 Supreme Court of Canada | |
| Hearing: February 25, 26, 1988 Judgment: March 23, 1989 | |
| Citations | [1989] 1 S.C.R. 426 |
| Docket No. | 19773 [1] |
| Ruling | Appeal dismissed |
| Court membership | |
| Chief Justice: Brian Dickson Puisne Justices: William McIntyre, Antonio Lamer, Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory | |
| Reasons given | |
| Majority | Dickson C.J., joined by La Forest J. |
| Concurrence | McIntyre J. |
| Dissent | Wilson J., joined by L'Heureux-Dube J. |
| Estey and Le Dain JJ. took no part in the consideration or decision of the case. | |
Hunter Engineering Co v Syncrude Canada Ltd, [1989] 1 S.C.R. 426 is a leading commercial contract decision of the Supreme Court of Canada. The Court unanimously found that the companies that sold Syncrude faulty gear boxes were not liable for their poor design, however, the Court was divided on the test to determine when a fundamental breach could void a contract.
The Court held that the limitation of liability clause was enforceable even in the case of a fundamental breach so long as it was clear in the language that it was within the intentions of the parties.
- ^ SCC Case Information - Docket 19773 Supreme Court of Canada